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When you are being arrested, before taking you away, you can choose a person (friend or family member) whom the police must inform about your arrest. In case the arrested person’s friends or family live in a different district or town, the police must notify them of your arrest. They have to give information on:Read more

An arrest is when a person is physically detained by the police. No person can be detained by the police without being informed of the reasons and the basis in law for their arrest. Generally, the police need a warrant to arrest someone. Crimes for which a warrant is required are called non-cognizable offences. OnRead more

Most of the provisions of the Armed Forces (Special Powers) Act, 1990 (AFSPA) applicable in Jammu and Kashmir are similar to the Armed Forces (Special Powers) Act, 1958 which is applicable in the North-Eastern States. The armed forces have broader investigation powers in Jammu and Kashmir: Under the AFSPA (Jammu and Kashmir), the powers ofRead more

No one can file any case against any armed personnel, except when there is special permission from the Central Government. Under this law, if a case has to be registered in court against an army personnel or anyone from the armed forces for a crime they have committed, then the court proceedings can only takeRead more

When an army personnel arrests a civilian under this law, the law requires the person to be handed over to the nearest police station by the army immediately.Read more

The law usually requires that a search warrant is obtained by an authority in order to search a place. But under AFSPA, the armed forces have special powers to search a place without a warrant. The officer can enter and search any premises without a warrant for any of the following acts: To arrest someone;Read more

An armed forces officer can arrest any person in a disturbed area without a warrant for: Committing a cognizable offence; orIf there is a suspicion that a cognizable offence will be committed. The officer can use force as required to effect the arrest.Read more

The type of places that the army has the power to destroy: Places where armed attacks are made usually or are likely to be made or are attempted to be made by suspected persons, or Any structure used as a training camp for armed volunteers, or Any place utilised as a hide-out by armed gangsRead more

The power of the armed forces to shoot and use force can be used against: any person who is violating any law, orany person forming an assembly of five or more people, orany person carrying weapons or things capable of being used as weapons or firearms, ammunition or explosive substances, while these are prohibited inRead more

Under AFSPA the Military is considered to be “armed forces”. When the Air Forces operate on the ground, then they are also known as “armed forces” and have the special powers and duties under AFSPA. Other armed forces of the central government such as Border Security Force (BSF) are also included under AFSPA. However, theRead more

When it appears to the government that a dangerous situation has developed in a certain area of the country and it requires the armed forces to take control of that area, such an area is declared as a disturbed area. The provisions of AFSPA apply in such disturbed areas. To declare an area as aRead more

To end a marriage through annulment, a petition must be presented to the District Court which has jurisdiction. The Court should have judicial authority over the area: Where the marriage was solemnized Where either of the spouses resides at the time of filing for annulment Where the spouses last resided together If the wife isRead more

Under Muslim personal laws, marriages in violation of rules are known as Batil marriages. Those marriages which are in violation of conditions of affinity, fosterage etc are examples of Batil marriages (for example, marrying your mother’s sister). Batil is another way of saying that your marriage is void. A marriage can be annulled if itRead more

These are the conditions for annulment of a marriage: If either party was married to another person at the time of marriage If either party was suffering from a serious mental illness If either party was below the minimum age (18 for women and 21 for men) If your spouse was a close relative (withinRead more

A decree of nullity is a judicial decree determining in effect that the marriage in question never existed. It is different from a divorce which acknowledges that there was a marriage and it is ending. The decree of nullity declares that the marriage is and has always been null and void as there are manyRead more

Under muslim personal law, a muslim male can marry not only a muslim woman but also a Jew or a Christian Woman. The only prohibition is with the muslim woman who cannot marry anyone who isn’t a muslim. 1 A woman can renounce Islam and marry anyone who is not a muslim, thereby completely changingRead more

Islam recognizes polygamy, which means the practice of having more than one wife at a time. A muslim man is permitted to have a maximum of four wives at a time. However, Courts have held this is not an unrestrained right. 1 If a man marries a fifth wife, the marriage is not unlawful or invalidRead more

The right to contract the marriage of a minor or a person with unsound mind in marriage belongs to the following sets of people who are guardians1: Father.Paternal grandfather how high so ever.Brother and other male relations on the father’s side. If these paternal relations are not there then the right goes to: Mother.Maternal UncleRead more

For those people with an unsound mind, marriage can take place with the permission of the guardian, but this option can only be exercised when the person with an unsound mind recovers reason or becomes sound.  1 Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.330.[↩]Read more

The validity of a marriage can be checked through the nikahnama, which is considered integral to a religiously-valid Islamic marriage. The Qazi will maintain the nikahnama. If there is no nikahnama then the Qazi himself can be the witness. 1 The nikah can also be done though phone or the internet. 2 It will beRead more

Certain relationships are prohibited under the law. This means that a person cannot marry certain kinds of relatives1: Blood Relations  You cannot marry your mother, grandmother, daughter, granddaughter, sister, niece, great-niece, aunts, or great aunts. You also cannot marry someone who is also related to you through such relatives. For example, you cannot marry yourRead more

The marriage has to take place in the presence of1: Two male witnesses or One male and two female witnesses.  These witnesses must be muslims, adults and of sound mind. The Sunni School of muslim law, specifically requires two witnesses to present while the Shia School of Law does not require the presence of a witnessRead more

There should be a proposal of marriage made by or on behalf of one of the parties and the other party has to accept this proposal. Both the bride and groom have to say Ejab e Qubool (Qubool hai), which means “I agree”. 1 This has to be said out of their own will andRead more

For a marriage to be legally recognized as a muslim marriage, the following conditions must be met1: Age A couple can get married if they have attained puberty (usually 15 years).  Mental State A person with mental illnesses can get married if their guardian has given consent to the marriage. ‘Consent’ or agreeing to getRead more

Marriage is a contract under muslim law.1 The contract can be entered by fulfilling the following conditions: Both the bride and groom must give free consent for the marriage.The couple getting married should be of sound mind and should have attained puberty (usually 15 years). 2A guardian like a parent or sibling, can consent onRead more

There are various schools of Muslim law. The law on Muslim marriages comes from the interpretation of the Quran by scholars. Thus, most of Muslim marriages are guided by customs derived from interpretation followed through generations. The laws and customs that apply to each person following Islam differ based on the sect of the person.Read more

A marriage officer is a person appointed by the State Government after notification in the Official Gazette. The main duty of a marriage officer is facilitate the registration and provide the certificate of marriage to the parties.Read more

There is no specific form or essential ceremony for a marriage under Special Marriage Act, but there are two possibilities: When you and your spouse do not want religious ceremonies The parties can choose not to perform any religious ceremony and merely register their marriage before the Marriage Officer. You can decide how to performRead more

Civil marriages, also commonly called ‘Special Marriages’ or ‘Inter-religious marriages’ do not depend on the religion of the couple. Instead, the marriage happens under the Special Marriage Act where a couple practicing a different faith or religion have the right to get married in India. To get married under this law, you need to figureRead more

The process of registration for a Special Marriage is as follows: Give notice to the Marriage Officer When a marriage is to be performed under this law, the parties getting married shall give notice in writing to the Marriage Officer of the district in which at least one of them has lived for at leastRead more

The following are the conditions you have to keep in mind at the time of marriage: Neither party has a living spouse.Neither party:is incapable of giving a valid consent to the marriage in consequence of unsoundness of mind.though capable of giving a valid consent, has been suffering from mental disorder of such a kind thatRead more

The minimum age for a marriage under Hindu law is: the groom must have been over 21 years of age and the bride must have been over 18 years of age The punishment for not adhering to this requirement is simple imprisonment which may extend to fifteen days, or with fine which may extend toRead more

A Hindu marriage becomes voidable in the following situations: One of the spouses is impotent. If the conditions for marriage have not been fulfilled. Before 1978, a guardian had to give consent on behalf of the child getting married.The reason this practice was not followed after 1978 is due to the implementation of the ChildRead more

Void marriages, are invalid from the beginning. These do not require annulment. Under Hindu Marriage Act, Section 11 states certain situations where the marriage is void.  The following are the situations: One of the parties has a spouse living at the time of marriage. For example, if Seema was already married to Rajesh during herRead more

Registration of marriages in Hindu Law is given in Section 8 of the Hindu Marriage Act. This allows the State Government to make rules regarding registration.The State Government may make rules about how the marriage details should be entered in the Hindu Marriage Register. The State Government can also make marriage registration compulsory in theRead more